Protecting Privilege In Litigation Financing Negotiations

Law360 (March 1, 2018, 12:15 PM EST) -- Your client asks you to develop litigation finance options for a contemplated lawsuit. It principally would involve a federal question connected with a business dispute.

You consider privilege and confidentiality, but hesitate. Sharing confidences with a litigation funder in a potential business deal suggests waiver. You also remember reading about a recent case — Acceleration Bay v. Activision Blizzard[1] — where exchanges between lawyers for a party and its funder were found to be outside immunity from disclosure as attorney work product in response to a...